General Litigation at The Court of Appeal, High Court, Employment Court and Tribunals

We have, since our formation, stood-out in challenging potential constitutional infringements and administrative excesses within government agencies, defending our Clients interests in different sectors through strategic litigation and sui generis approach to problem solving. Whether through execution of Client instructions or through our own initiative in defending public interest, we have demonstrated an ability to distil key issues for determination across all levels of our judicial system
and continue to do-so to-date.
Key notable cases where we have stood out include, but not limited to;
i. Constitutional Petition No. 45 of 2019 Okiya Omtata v The Cabinet Secretary, Ministry of Education, Science and Technology & 9 others.
We represented the Petitioner in successfully challenging the violation of the Constitution by the Cabinet Secretary in the appointment of various Deans of the University of Nairobi contrary to section 35 (1) of tthe University's Act No. 42 of 2012. We managed to convince the Court that the actions of the Minister were ultra vires and an infringement of Article 10 of the Constitution.

ii. Constitutional Petition No. E491 of 2021 Mwaura Kabata v The Commissioner General, Kenya Revenue Authority & 2 others
In this matter, we challenged Section 10 of the Excise Duty Act, 2020 which introduced new excised duty rates without taking into account the prevailing economic times with rates of inflation at an all-time high. We are presently enjoying conservatory orders on the matter as the Court has preliminary agreed with our arguments under certificate.

iii. Civil Appeal No. 99 of 2019 Katiba Institute vs Attorney General & 9 others.
We appeared before the Court of Appeal to challenge the procedure of appointment of members representing the General Public at the Judicial Service Commission. It was our argument that the Public Service Commission did not follow the laid out procedure in the appointment amounting to a violation of the Constitution. Whilst the Court of Appeal did not agreed with us, it affirmed the centrality of the Constitutional provisions in dictating the appointment of public offers.

iv. Civil Suit No. E192 of 2019 Diageo Scotland Limited & Another vs London Distillers Limited.
Here we defended our Client in a Trademark Infringement suit at the Commercial and Admiralty Division of the High Court, in which the Plaintiff presented a suit for recovery of aggravated damages that would have gone into billions of Kenya Shillings plus a destruction order of our Client's products. We were successful in this defense the suit was dismissed with parties referred to KIPI for the trade-marks resolution with no orders as to damages and destruction of our Client's products.

v. ELRC Petition No. 175 of 2019 The Kenya Union of Commercial, Food, & Allied Workers vs The Attorney General & Another.
In this case, we unsuccessfully challenged the Constitutionality of Section 54(1) of the Labour Relations Act to the extent that it requires the attainment of a simple majority of an employer's employees before the signing of a recognition agreement as being an inhibition to the enjoyment of labour rights guaranteed under the Constitution.

vi.TAT No. 828 of 2021 China Wu Yi Company Limited vs Commissioner of Domestic Taxes.
We challenged, on behalf of our Client, the Respondent's VAA notices issued against our Client, assessing the amount of VAT payable to be 18,617,153.12. The Tax Appeals Tribunal Agreed with out interpretation of the law and ordered for a re-assessment of the VAT.